Chapter 11.32 : Townhouse Standards


11.32.010 Intent
11.32.020 Definitions
11.32.030 Development Criteria
11.32.040 Setbacks and Yards
11.32.050 Parking and Access
11.32.060 Curb Cuts
11.32.070 Open Space
11.32.080 Accessory Buildings
11.32.090 Utilities and Services
11.32.100 Supplementary Regulations
11.32.110 Application and Submittal Requirements for
Townhouse Development.
11.32.120 Review Fees
11.32.130 Severalibility
11.32.140 Repealing Clause

11.32.010 Intent. It is the purpose and intent of this chapter to provide for the design and development of innovative housing forms which incorporate a higher density living situation and at the same time preserve the desirability of an individually owned housing unit. This is accomplished by efficiently utilizing buildable space within a given area by allowing reduced lot size as well as lot width and compensating for the reduction by incorporating open spaces, scenic and recreational areas and other amenities. The following standards have been developed for the City that will apply to a variety of such attached and semi-attached housing forms including but surely not limited to townhouses.

Specifically, this chapter is formulated to allow the grouping of separately owned single-family dwelling units into a group of attached and semi-attached housing forms that will be both aesthetically pleasing and conscientiously designed as well as preserve the health, welfare, safety, and convenience of the surrounding neighborhood.

11.32.020 Definitions. These definitions shall be in addition to the definitions set forth in Chapter 11.02 of this title and shall apply solely in townhouse developments.

1). Townhouse. As used in this chapter, a townhouse is defined as an attached, privately owned single-family dwelling unit which is a part of and adjacent to other similarly owned single-family dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility. A townhouse is a form of Planned Unit Development as set forth in Chapter 11.31, except for the project size requirement listed therein.

2). Townhouse Group. A cluster or grouping of townhouse units containing no less than two or more than six townhouse dwelling units contiguous to one another.

3). Townhouse Lot. A townhouse lot is defined as a properly recorded and deeded lot upon which a townhouse unit is found.

11.32.030 Development Criteria.

1). Density. Overall density in a particular townhouse project shall not exceed the maximum density allowed within the zoning district for which it is located, except when designed and developed as a Planned Unit Development under provisions set forth in Chapter 11.31.

2). Lot Area. No townhouse lot shall contain an area of less than 1,600 square feet and a minimum lot and building width of 20 feet. The remaining lot area that would normally be required in the zoning district, per dwelling unit, shall be incorporated into usable and accessible open space and or private or common vehicular access or parking area for the townhouse project site.

3). Location. Townhouse developments may be allowed in the
R-3 and R-4 zoning districts.

4). Project Site. As used in this chapter, a townhouse project site is the entire parcel of land for which townhouse units are proposed prior to the creation of any townhouse lots (as required in Belgrade's Subdivision Regulations).

5). Unit Size. Every townhouse dwelling unit shall have a minimum gross floor area equal to that required in the specific zoning district in which the townhouse is proposed.

6). Height of Structure. Maximum height for any townhouse structure shall not be greater than 32 feet.

7). Dwelling Unit Access. Each townhouse unit shall have two (2) separate entries from the ground on which the structure is erected.

8). Size of the Project Site. Minimum size of the site to be developed for a group of townhouse units shall be 25,000 square feet

9). Building Coverage. In no event shall a townhouse, including any accessory buildings cover more than forty-five (45) percent of the individual lot area.

10). Street Frontage. Each townhouse project site shall border on a public street, except provided that they face private or common open areas as set forth in this title.

11.32.040 Setbacks and Yards.

1). Right-of-way Setback. No townhouse unit shall be located closer than 25 feet from any public right-of-way or within 15 feet of a private drive, access road, or common open parking area, to the front or rear of such dwelling.

2). Yard Requirements. Each individual townhouse lot shall have a minimum front yard of 25 feet and a rear yard of 20 feet. The minimum side yard requirements shall be 8 feet from any adjoining property line of the townhouse project site. If, due to unique and innovative design techniques, townhouse units are arranged such that said setback requirements are not feasible, a variance may be requested at the time of project submittal.

3). Setback Variation. No more than two abutting townhouses or townhouse groupings within the townhouse project site shall have a common front building setback. Variations in the setback of front building faces shall be at least two feet. Height variations shall also be incorporated, if feasible, in townhouse design.

4). Distances between Townhouse Groups. Townhouse groups, as defined in the chapter, shall be separated by at least 16 feet.

11.32.050 Parking and Access.

1). Spaces Required. A minimum of two off-street parking spaces shall be provided for the residents of each townhouse unit. One space as required may be within the driveway of the front yard setback area.

2). Location. Parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off-street parking bay or facility; provided that such a parking facility is easily accessible and of a reasonable distance from the townhouse unit it is serving (maximum of 100 feet).

a). Required parking spaces shall not be located in any front or side yard, except in a driveway.

b). Access drives to parking areas shall be allowed in front and side yards, but shall not exceed 20 feet in width.

3). Construction. All permanent off-street parking spaces and access areas thereto shall be paved. Temporary exemptions for access approaches from the property line to the street surface may be granted based on public street paving schedules established by the City. Individual unit parking spaces and/or townhouse site parking bay facilities shall be designed and constructed according to stipulations set forth in Chapter 11.24.

11.32.060 Curb Cuts.

1). A minimum distance of 40 feet shall be maintained between all curb cuts (centerlines). Not more than on curb cut shall be permitted per two townhouses. On corner lots, placement of curb cuts shall be at a minimum of 15 feet from the property line at controlled intersections and 30 feet from the property line at controlled (either signed or signal lighted intersections).

2). In no case shall any curb cut be permitted which, in the opinions of the City Engineer and City Planner, may cause an unsafe or hazardous driving condition.

11.32.070 Open Space.

1). Open Space Required. In those instances where the proposed townhouse lot has a gross area of less than the per unit lot area requirement of the specific zoning district, compensating open space must be established and provided within the project site. Such open space must be equal to a minimum of 30 percent of the site to be developed if more than one townhouse group is proposed.

2). Maintenance of Common Areas. All common areas and facilities including, but not limited to, recreational facilities, off-street parking and common open space shall be maintained in a satisfactory manner without expense to the general taxpayers of the City. In order to insure the maintenance of and the payment of taxes on the commonly held non-public property, a mandatory homeowners association shall be created and be recorded in the public records of Gallatin County if satisfactory to the City Council.

11.32.080 Accessory Buildings. No accessory building shall be erected in any required front yard or side yard setback area, and no separate accessory building shall be erected within 10 feet of any principal building. An accessory building shall not be located within 10 feet of the rear property line or occupy more than 25 percent of the rear yard area.

11.32.090 Utilities and Services. Each individual townhouse unit shall be connected to and serviced by public water and sewer lines, or connected to a sewer and water system that has been approved by the Montana Department of Health and Environmental Sciences. The water and sewer lines shall be independent of any other townhouse unit or structure.

Water service shall have curb stop and valve for each townhouse unit. Sewer lines shall have strategically placed "clean-outs" as required by the City Engineer.

Necessary easements shall be indicated and recorded on the townhouse plat and be of a width that is satisfactory to the City Engineer.

All utility services shall be designed for subdivisions that are platted for townhouse development at the time of plat submittal. The City Engineer and/or city utilities supervisor shall review said utility plans with any necessary recommendations.

Utility services shall be designed such that unnecessary disturbance of paved streets shall be avoided. For existing multi-family platted and zoned lots and structures, where street paving exists, services will be provided subject to the condition that the street blacktop in the region of the service cuts will be removed and replaced upon review and approval of the City Engineer.

11.32.100 Supplementary Regulations.

1). Conversion. Conversion of existing structures to a townhouse project shall be avoided except if all townhouse development standards as outlined in this section can be satisfied. If said requirements cannot be met, the conversion will be disallowed.

2). Building Permit. A legal subdivision plat shall be placed on the public records of Gallatin County prior to the issuance of any building permit within a townhouse development.

3). Landscaping. Not less than 75 percent of each yard shall be landscaped. Plans for such landscaping shall be submitted as part of the application for a building permit and installed in accordance with a time schedule established by the City Building Inspector.

4). Building Standards. All townhouse developments shall be designed and constructed in accordance with the Uniform Building Codes and any federal or state programs that are applicable.

11.32.110 Application and Submittal Requirements for Townhouse Developments. Applications and submittal requirements shall be those set forth in the Planned Unit Development Chapter 11.31, except as follows:

1). Townhouse developments comprised of five or fewer lots can be submitted for minor subdivision review as set forth in Section 2.3 of the Belgrade Subdivision Regulations..

11.32.120 Review Fees. Townhouse developments shall include a conditional use fee as set forth in Chapter 11.27 and a subdivision fee schedule as set forth in Section 13.5-1 and 13.5-2 of the Belgrade Subdivision Regulations.

Example: One townhouse group proposed containing five townhouse units:

$100.00 Conditional Use Fee + $65.00 Minor Subdivision Fee = $165.00 Review Fee